Legal Definitions in the EU Member States

Puslapiai

Any form of physical (e.g. intentional assault and battery), sexual (rape of modesty and rape), psychological (stalking and insults) or economic violence (e.g. abandonment of family) between spouses or persons who live together or have lived together and between a stable emotional and sexual relationship exists or existed.

Observations

Domestic violence is any form of physical, sexual, psychological or economic violence between members of a same family, regardless of their age.

Legal Source:

Law to combat violence against partners,24 November 1997

Legal provisions on protection orders:

Court custody

Belgium

Violence, Justice

Rape

Any act of sexual penetration, regardless of its nature and by whatever means, committed against a non-consenting person, represents a crime of rape. Consent is not considered to have been given, if the crime is committed by violence, coercion or deceit, or is made possible by the infirmity or physical or mental impairment of the victim.

Observations

The Law of 4 July 1989 amending certain provisions concerning the crime of rape has broadened the definition of rape.

Marital rape is forbidden and condemned by the law in the same way as other forms of rape: it represents an aggravating circumstance in cases of rape.

Legal Source:

Criminal Code, Article 375

Belgium

Violence, Justice

Sexual Assault (excl. rape)

Indecent assault is defined in terms of use of violence or threats for adults.

Legal Source:

Criminal Code, Article 372

Belgium

Violence, Justice

Sexual Harassment

"Sexual harassment at work" is defined as any unwanted conduct related to the sex of a person of any form of unwanted verbal, non-verbal or physical conduct with a sexual connotation with the purpose or effect that the dignity of the person is being violated, especially when a threatening, hostile, insulting, humiliating or offensive situation is being created.

Observations

In the judicial system, cases of sexual harassment can be qualified as stalking.

Legal Source:

Law of 11 June 2002

Legal provisions on protection orders:

Protection against dismissal and relocation.

Belgium

Violence, Justice

Stalking

The repeatedly pursuing, watching or harassing of a person in a way this person perceives to be disturbing, worrying or tormenting.

Legal Source:

Law 30 October 1998

Bulgaria

Violence, Justice

Intimate Partner Violence

In Bulgaria, intimate partner violence is included under "domestic violence": any act of physical, mental, sexual, emotional or economic violence and any attempted such violence, as well as the forcible restriction of individual freedom and rights and of private life, carried out against individuals who have kinship ties, who have or have had family relation or are or were cohabiting partners. In addition any act of domestic violence in presence of a child is considered mental and emotional violence against him/her.

Legal Source:

Law on Protection against Domestic Violence 2005, Article 2 and Criminal Code, Article 296, Paragraph 1 (punishment for noncompliance with a protection order against domestic violence, issued by the court under the Law on Protection against Domestic Violence)

Legal provisions on protection orders:

Law on Protection against Domestic Violence 2005, Chapter 2

Bulgaria

Violence, Justice

Rape

Sexual intercourse with a female who is unable to defend herself and without her consent; by force or threat of force or by bringing her into a helpless state. This act is punishable with imprisonment of two to eight years.

Observations

Penetrative sexual acts with another person by using his/her employment or material dependence on him/her - imprisonment of up to three years (Penal Code, Article 153)

Higher punishment for aggravated rape (e.g., when the victim is under the age of 18, related to the offender, or if it is a repeat offence)

Legal Source:

Criminal Code, Article 152

Legal provisions on protection orders:

No legal provision

Bulgaria

Violence, Justice

Sexual Assault (excl. rape)

Molestation is an act with the purpose of arousing or satisfying a sexual desire without copulation regarding a person who has accomplished 14 years of age, by using force or threat, availing himself of his/her helpless status or by bringing him to such a status or by taking advantage of dependency or control.

Legal Source:

Criminal Code, Article 150

Legal provisions on protection orders:

No legal provision

Bulgaria

Violence, Justice

Sexual Harassment

Any unwanted conduct of sexual nature expressed physically, verbally or in another way offending the dignity and honour and creating a hostile, offensive, humiliating or impending environment and, in particular, where the refusal or compulsion to accept such conduct may have influence in making decisions affecting the person.

Observations

The law explicitly recognises sexual harassment as a form of discrimination and bans it. The EU definition of sexual harassment is fully recognized in the Bulgarian Law on Protection against Discrimination.

Legal Source:

Law on Protection against Discrimination of 2004 andLaw on Protection against Discrimination, Paragraph 1(1)

Legal provisions on protection orders:

No legal provision

Bulgaria

Violence, Justice

Stalking

In Bulgaria, stalking is a term used to describe a particular kind of harassment, namely "any unwanted conduct on the discrimination grounds, expressed in a physical, verbal or any other manner, which has the purpose or effect of violating the person’s dignity or creating a hostile, degrading, humiliating or intimidating environment, attitude or practice."

Legal Source:

Law on Protection against Discrimination of 2004, Supplementary provisions, Paragraph 1, Item 2

Legal provisions on protection orders:

No legal provision

Czech Republic

Violence, Justice

Intimate Partner Violence

In the Czech Republic, "Maltreatment of a person living in a jointly occupied dwelling" means: whoever maltreats a close person or other person, that lives with him/her in jointly occupied flat or a house shall be sentenced to a term of imprisonment of six months up to four years.

Observations

The definition is limited only to situations of cohabitation and thus does not fully correspond to the definition of intimate partner violence.

Special circumstances (in the same legal provision):

The offender shall be sentenced to a term of imprisonment of two years up to eight years, a) if he/she commits the act defined in paragraph (1) in especially cruel manner or on more than one person, b) if he/she causes grievous bodily harm, c) if the offence is perpetrated against more than two people, or d) if the contravention has continued for a prolonged period of time.

The offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes by the act defined in paragraph (1), a) serious bodily harm to at least two people, or b) death.

Legal Source:

Criminal Code, Section199

Legal provisions on protection orders:

Eviction: Act on Police No. 273/2008, Sections 44-47

Court protection: Code of Civil Procedure, Section 76b

Czech Republic

Violence, Justice

Rape

Whoever forces another person by violence or threat of violence or threat of other serious harm to take part in sexual intercourse, or whoever abuses his/her inability to defend him/herself for such purpose, shall be sentenced to a term of imprisonment of six months up to five years.

Observations

Special circumstances (in the same legal provision):

An offender shall be sentenced to a term of imprisonment of two years up to ten years if he/she commits an act given in paragraph (1)a. through coitus or other sexual intercourse done in a way comparable to coitus,b. against a child, orc. with a weapon.

An offender shall be sentenced to a term of imprisonment of five years up to twelve years ifa. he/she commits an act given in paragraph (1) against a person under the age of fifteen years,b. he/she commits such act against a person taken into custody, being imprisoned, undergoing preventive treatment, being in protective detention, being placed into protective or institutional training or in similar institution where individual freedom is restricted, orc. he/she causes through such act severe injury to health.

An offender shall be sentenced to a term of imprisonment of ten years up to sixteen years if he/she causes death through an act given in paragraph (1).

Preparation is punishable.

Legal Source:

Criminal Code, Section 185

Legal provisions on protection orders:

The general personal injunction (Code of Civil Procedure, Section 76b(1)b) could be used in theory to prevent contact between the perpetrator and the victim. However, it has not been used so far.